Rep. Lou Lang
Filed: 3/1/2013
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1 | AMENDMENT TO HOUSE BILL 67
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2 | AMENDMENT NO. ______. Amend House Bill 67 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Finance Authority Act is amended | ||||||
5 | by changing Sections 820-10, 820-20, and 820-25 and by adding | ||||||
6 | Section 820-37 as follows:
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7 | (20 ILCS 3501/820-10)
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8 | Sec. 820-10. Definitions. The following words or terms, | ||||||
9 | whenever used or
referred to in
this Article, shall have the | ||||||
10 | following
meanings ascribed to them, except where the context | ||||||
11 | clearly requires otherwise:
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12 | (a) "Department" means the Illinois Department of Commerce | ||||||
13 | and Economic
Opportunity.
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14 | (b) "Unit of local government" means any unit of local | ||||||
15 | government, as
defined
in Article VII, Section 1 of the 1970 | ||||||
16 | State Constitution and any local public
entity as that term is |
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1 | defined by the Local Governmental and Governmental
Employees | ||||||
2 | Tort Immunity Act and also includes the State and any
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3 | instrumentality,
office, officer, department, division, | ||||||
4 | bureau, commission, college or
university
thereof.
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5 | (c) "Energy conservation project" means any improvement, | ||||||
6 | repair, alteration
or
betterment of any building or facility or | ||||||
7 | any equipment, including but not limited to an Energy | ||||||
8 | Efficiency Project, as defined in item (iii) of subsection (b) | ||||||
9 | of Section 825-65, in connection with any school district or | ||||||
10 | community college district project, and any fixture or | ||||||
11 | furnishing
including its energy using mechanical devices to be | ||||||
12 | added to or used in any
building or facility that the Director | ||||||
13 | of the Department has certified to the
Authority will be a | ||||||
14 | cost-effective energy-related project that will lower
energy
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15 | or utility costs in connection with the operation or | ||||||
16 | maintenance of such
building or facility, and will achieve | ||||||
17 | energy cost savings sufficient to cover
bond debt service and | ||||||
18 | other project costs within 20 10 years from the date of
project | ||||||
19 | installation.
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20 | (d) "Green special service area project" means any energy | ||||||
21 | efficiency improvement, renewable energy improvement, or water | ||||||
22 | use improvement as such terms are defined in Section 27-5 of | ||||||
23 | the Special Service Area Tax Law. | ||||||
24 | (Source: P.A. 97-760, eff. 7-6-12.)
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25 | (20 ILCS 3501/820-20) |
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1 | Sec. 820-20. Powers and Duties; Illinois Local Government | ||||||
2 | Financing
Assistance Program. The Authority has the power: | ||||||
3 | (a) To purchase from time to time pursuant to negotiated | ||||||
4 | sale or to
otherwise
acquire from time to time any local | ||||||
5 | government securities issued by one or more
units of local | ||||||
6 | government upon such terms and conditions as the Authority may
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7 | prescribe; | ||||||
8 | (b) To issue bonds in one or more series pursuant to one or | ||||||
9 | more resolutions
of
the Authority for any purpose authorized | ||||||
10 | under
this Article,
including without limitation purchasing or | ||||||
11 | acquiring local government
securities, providing for the | ||||||
12 | payment of any interest deemed necessary on such
bonds, paying | ||||||
13 | for the cost of issuance of such bonds, providing for the | ||||||
14 | payment
of the cost of any guarantees, letters of credit, | ||||||
15 | insurance contracts or other
similar credit support or | ||||||
16 | liquidity instruments, or providing for the funding
of
any | ||||||
17 | reserves deemed necessary in connection with such bonds and | ||||||
18 | refunding or
advance refunding of any such bonds and the | ||||||
19 | interest and any premium thereon,
pursuant to this Act; | ||||||
20 | (c) To provide for the funding of any reserves or other | ||||||
21 | funds or accounts
deemed necessary by the Authority in | ||||||
22 | connection with any bonds issued by the
Authority or local | ||||||
23 | government securities purchased or otherwise acquired by the
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24 | Authority; | ||||||
25 | (d) To pledge any local government security, including any | ||||||
26 | payments thereon,
and any other funds of the Authority or funds |
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1 | made available to the Authority
which may be applied to such | ||||||
2 | purpose, as security for any bonds or any
guarantees, letters | ||||||
3 | of credit, insurance contracts or similar credit support or
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4 | liquidity instruments securing the bonds; | ||||||
5 | (e) To enter into agreements or contracts with third | ||||||
6 | parties, whether public
or
private, including without | ||||||
7 | limitation the United States of America, the State,
or any | ||||||
8 | department or agency thereof to obtain any appropriations, | ||||||
9 | grants, loans
or guarantees which are deemed necessary or | ||||||
10 | desirable by the Authority. Any
such guarantee, agreement or | ||||||
11 | contract may contain terms and provisions
necessary
or | ||||||
12 | desirable in connection with the program, subject to the | ||||||
13 | requirements
established by
this Article; | ||||||
14 | (f) To charge reasonable fees to defray the cost of | ||||||
15 | obtaining letters of
credit, insurance contracts or other | ||||||
16 | similar documents, and to charge such
other
reasonable fees to | ||||||
17 | defray the cost of trustees, depositories, paying agents,
bond | ||||||
18 | registrars, escrow agents and other administrative expenses. | ||||||
19 | Any such fees
shall be payable by units of local government | ||||||
20 | whose local government securities
are purchased or otherwise | ||||||
21 | acquired by the Authority pursuant to
this Article, in such | ||||||
22 | amounts and at such times as the Authority
shall determine, and | ||||||
23 | the amount of the fees need not be uniform among the
various | ||||||
24 | units of local government whose local government securities are
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25 | purchased or otherwise acquired by the Authority pursuant to
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26 | this Article; |
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1 | (g) To obtain and maintain guarantees, letters of credit, | ||||||
2 | insurance
contracts
or similar credit support or liquidity | ||||||
3 | instruments which are deemed necessary
or
desirable in | ||||||
4 | connection with any bonds or other obligations of the Authority | ||||||
5 | or
any local government securities; | ||||||
6 | (h) To establish application fees and other service fees | ||||||
7 | and prescribe
application, notification, contract, agreement, | ||||||
8 | security and insurance forms
and
rules and regulations it deems | ||||||
9 | necessary or appropriate; | ||||||
10 | (i) To provide technical assistance, at the request of any | ||||||
11 | unit of local
government, with respect to the financing or | ||||||
12 | refinancing for any public
purpose.
In fulfillment of this | ||||||
13 | purpose, the Authority may request assistance from the
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14 | Department as necessary; any unit of local government that is | ||||||
15 | experiencing
either a financial emergency as defined in the | ||||||
16 | Local Government Financial
Planning and Supervision Act or a | ||||||
17 | condition of fiscal crisis evidenced by an
impaired ability to | ||||||
18 | obtain financing for its public purpose projects from
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19 | traditional financial channels or impaired ability to fully | ||||||
20 | fund its
obligations
to fire, police and municipal employee | ||||||
21 | pension funds, or to bond payments or
reserves, may request | ||||||
22 | technical assistance from the Authority in the form of a
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23 | diagnostic evaluation of its financial condition; | ||||||
24 | (j) To purchase any obligations of the Authority issued | ||||||
25 | pursuant to
this Article; | ||||||
26 | (k) To sell, transfer or otherwise dispose of local |
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1 | government securities
purchased or otherwise acquired by the | ||||||
2 | Authority pursuant to
this Article,
including without | ||||||
3 | limitation, the sale, transfer or
other disposition of | ||||||
4 | undivided fractionalized interests in the right to receive
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5 | payments of principal and premium, if any, or the right to | ||||||
6 | receive payments of
interest or the right to receive payments | ||||||
7 | of principal of and premium, if any,
and interest on pools of | ||||||
8 | such local government securities; | ||||||
9 | (l) To acquire, purchase, lease, sell, transfer and | ||||||
10 | otherwise dispose of
real
and personal property, or any | ||||||
11 | interest therein, and to issue its bonds and
enter
into leases, | ||||||
12 | contracts and other agreements with units of local government | ||||||
13 | in
connection with such acquisitions, purchases, leases, sales | ||||||
14 | and other
dispositions of such real and personal property; | ||||||
15 | (m) To make loans to banks, savings and loans and other | ||||||
16 | financial
institutions
for the purpose of purchasing or | ||||||
17 | otherwise acquiring local government
securities, and to issue | ||||||
18 | its bonds, and enter into agreements and contracts in
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19 | connection with such loans; | ||||||
20 | (n) To enter into agreements or contracts with any person | ||||||
21 | necessary or
appropriate to place the payment obligations of | ||||||
22 | the Authority under any of its
bonds in whole or in part on any | ||||||
23 | interest rate basis, cash flow basis, or other
basis desired by | ||||||
24 | the Authority, including without limitation agreements or
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25 | contracts commonly known as "interest rate swap agreements", | ||||||
26 | "forward payment
conversion agreements", and "futures", or |
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1 | agreements or contracts to exchange
cash flows or a series of | ||||||
2 | payments, or agreements or contracts, including
without | ||||||
3 | limitation agreements or contracts commonly known as | ||||||
4 | "options", "puts"
or "calls", to hedge payment, rate spread, or | ||||||
5 | similar exposure; provided, that
any such agreement or contract | ||||||
6 | shall not constitute an obligation for borrowed
money, and | ||||||
7 | shall not be taken into account under
Section 845-5 of this Act | ||||||
8 | or any
other debt limit of the Authority or the State of | ||||||
9 | Illinois; | ||||||
10 | (o) To make and enter into all other agreements and | ||||||
11 | contracts and execute
all
instruments necessary or incidental | ||||||
12 | to performance of its duties and the
execution of its powers | ||||||
13 | under
this Article; | ||||||
14 | (p) To contract for and finance the costs of energy audits, | ||||||
15 | project-specific
engineering and design specifications, and | ||||||
16 | any other related analyses
preliminary to an energy | ||||||
17 | conservation project; and, to contract for and finance
the cost | ||||||
18 | of project monitoring and data collection to verify | ||||||
19 | post-installation
energy consumption and energy-related | ||||||
20 | operating costs. Any such contract shall
be executed only after | ||||||
21 | it has been jointly negotiated by the Authority and the
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22 | Department; and | ||||||
23 | (p-5) To purchase special service area bonds and to accept | ||||||
24 | assignments or pledges, or both, of special service area bonds | ||||||
25 | or agreements relating
to green special service area projects, | ||||||
26 | which
authority shall be liberally construed; and |
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1 | (q) To exercise such other powers as are necessary or | ||||||
2 | incidental to the
foregoing. | ||||||
3 | (Source: P.A. 93-205, eff. 1-1-04.) | ||||||
4 | (20 ILCS 3501/820-25) | ||||||
5 | Sec. 820-25. Unit of Local Government Participation. Any | ||||||
6 | unit of local
government is authorized to voluntarily | ||||||
7 | participate in this program. Any unit
of local government which | ||||||
8 | is authorized to issue, sell and deliver its local
government | ||||||
9 | securities under any provision of the Constitution or laws of | ||||||
10 | the
State may issue, sell and deliver such local government | ||||||
11 | securities to the
Authority under
this Article; provided that | ||||||
12 | and notwithstanding
any other provision of law to the contrary, | ||||||
13 | any such unit of local government
may issue and sell any such | ||||||
14 | local government security at any interest rate or
rates, which | ||||||
15 | rate or rates may be established by an index or formula which | ||||||
16 | may
be implemented by persons appointed or retained for those | ||||||
17 | purposes therefor , payable at such time
or times, and at such | ||||||
18 | price or prices to which the unit of local government and
the | ||||||
19 | Authority may agree. Any unit of local government may pay any | ||||||
20 | amount
charged by the Authority pursuant to
this Article.
Any | ||||||
21 | unit of local government participating in this program may pay | ||||||
22 | out of the
proceeds of its local government securities or out | ||||||
23 | of any other moneys or funds
available to it for such purposes | ||||||
24 | any costs, fees, interest deemed necessary,
premium or reserves | ||||||
25 | incurred or required for financing or refinancing this
program, |
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1 | including without limitation any fees charged by the Authority
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2 | pursuant
to
this Article and its share, as determined by the
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3 | Authority, of any costs, fees, interest deemed necessary, | ||||||
4 | premium or reserves
incurred or required pursuant to
Section | ||||||
5 | 820-20 of this Act. All local
government securities purchased | ||||||
6 | or otherwise acquired by the Authority pursuant
to this Act | ||||||
7 | shall upon delivery to the Authority be accompanied by an | ||||||
8 | approving
opinion of bond counsel as to the validity of such | ||||||
9 | securities. The Authority
shall have discretion to purchase or | ||||||
10 | otherwise acquire those local government
securities, as it | ||||||
11 | shall deem to be in the best interest of its financing
program
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12 | for all units of local government taken as a whole. Any unit of | ||||||
13 | local government with the authority, in connection with green | ||||||
14 | special service area projects, to provide special service area | ||||||
15 | tax financing under the Special Service Area Tax Law is | ||||||
16 | authorized to issue special service area bonds and sell or | ||||||
17 | assign those special service area bonds to the Authority or to | ||||||
18 | assign or pledge special service area bonds or agreements, or | ||||||
19 | both, to the Authority. | ||||||
20 | (Source: P.A. 93-205, eff. 1-1-04.) | ||||||
21 | (20 ILCS 3501/820-37 new) | ||||||
22 | Sec. 820-37. Unit of local government participation; | ||||||
23 | bonds. The Authority may assist units of local government by | ||||||
24 | establishing and implementing a program to issue their bonds | ||||||
25 | secured by special service area agreements assigned or pledged |
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1 | to the Authority by units of local government so as to provide | ||||||
2 | financing for green special service area projects. The bonds of | ||||||
3 | the Authority shall not constitute an indebtedness or | ||||||
4 | obligation of the Authority or the State, and it shall be | ||||||
5 | plainly stated on the face of each such bond that it does not | ||||||
6 | constitute an indebtedness or obligation of the Authority or | ||||||
7 | the State but is payable solely from the revenues, income, or | ||||||
8 | other assets of the Authority that are pledged to the repayment | ||||||
9 | of those bonds. In assisting units of local government in | ||||||
10 | financing green special service area projects, the Authority | ||||||
11 | shall establish quality control standards that shall apply to | ||||||
12 | those green special service area projects. | ||||||
13 | Section 10. The Property Tax Code is amended by changing | ||||||
14 | Section 27-5 and by adding Section 27-97 as follows: | ||||||
15 | (35 ILCS 200/27-5) | ||||||
16 | Sec. 27-5. Short title; definitions. This Article may be | ||||||
17 | cited as the
Special Service Area Tax Law. | ||||||
18 | When used in this Article: | ||||||
19 | "Energy efficiency improvement" means any installation, | ||||||
20 | modification, or replacement that reduces energy consumption | ||||||
21 | in any residential, commercial, or industrial building, | ||||||
22 | structure, or other facility, including, but not limited to, | ||||||
23 | all of the following: | ||||||
24 | (1) insulation in walls, roofs, floors, foundations, |
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1 | and heating and cooling distribution systems; | ||||||
2 | (2) storm windows and doors, multiglazed windows and | ||||||
3 | doors, heat-absorbing or heat-reflective glazed and coated | ||||||
4 | window and door systems, additional glazing, reductions in | ||||||
5 | glass area, and other window and door system modifications; | ||||||
6 | (3) automatic energy control systems; | ||||||
7 | (4) high efficiency furnaces, lighting fixtures, | ||||||
8 | ventilating, or air conditioning and distribution systems; | ||||||
9 | (5) caulking and weather-stripping; | ||||||
10 | (6) facilities, improvements, or systems to bring | ||||||
11 | natural daylight into buildings; and | ||||||
12 | (7) any other installation, modification, replacement, | ||||||
13 | facility, improvement, rehabilitation, repair, or | ||||||
14 | remodeling that is permanently affixed to the property and | ||||||
15 | has the effect of reducing energy consumption. | ||||||
16 | For the purposes of levying a special service area tax on | ||||||
17 | the real property on which the energy efficiency improvement is | ||||||
18 | located in a green special service area under the Special | ||||||
19 | Service Area Tax Law in the Property Tax Code, any energy | ||||||
20 | efficiency improvement shall be deemed to be real property. | ||||||
21 | "Green special service area" means a special service area | ||||||
22 | created pursuant to Section 27-97 of this Act for the purpose | ||||||
23 | of providing special services that are energy efficiency | ||||||
24 | improvements, renewable energy improvements, water use | ||||||
25 | improvements, or a combination thereof. The corporate | ||||||
26 | authorities of the municipality or county may establish (i) |
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1 | multiple green special service areas pursuant to a single | ||||||
2 | ordinance or (ii) multiple buildings, structures, facilities, | ||||||
3 | improvements, or lots or parcels of land within a single green | ||||||
4 | special service area, which are not required to be contiguous. | ||||||
5 | Revenues from multiple green special service areas and revenues | ||||||
6 | from multiple buildings, structures, facilities, improvements | ||||||
7 | or lots or parcels of land within a single green special | ||||||
8 | service area may be aggregated for a pledge as security for | ||||||
9 | bonds issued pursuant to Section 27-45 of this Act. | ||||||
10 | "Green special service area project" means any energy | ||||||
11 | efficiency improvement, renewable energy improvement, or water | ||||||
12 | use improvement, or any combination thereof. | ||||||
13 | "Renewable energy improvement" means any fixture, product, | ||||||
14 | system, device, or interacting group thereof, for or serving | ||||||
15 | any residential, commercial, or industrial building, | ||||||
16 | structure, or other facility that is permanently affixed to the | ||||||
17 | property and produces energy from renewable resources as | ||||||
18 | defined in Section 1-10 of the Illinois Power Agency Act. For | ||||||
19 | purposes of levying a special service area tax on the real | ||||||
20 | property on which the renewable energy improvement is located | ||||||
21 | in a green special service area under the Special Service Area | ||||||
22 | Tax Law and the Property Tax Code, any renewable energy | ||||||
23 | improvement shall be deemed to be real property. | ||||||
24 | "Special Service Area" means a contiguous area , except as | ||||||
25 | provided in this Act concerning green special service areas, | ||||||
26 | within a municipality
or county in which special governmental |
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1 | services are provided in
addition to those services provided | ||||||
2 | generally throughout the
municipality or county, the cost of | ||||||
3 | the special services to be paid
from revenues collected from | ||||||
4 | taxes levied or imposed upon property
within that area. | ||||||
5 | Territory shall be considered contiguous for purposes
of this | ||||||
6 | Article even though certain completely surrounded portions of | ||||||
7 | the
territory are excluded from the special service area. A | ||||||
8 | county may create
a special service area within a municipality | ||||||
9 | or municipalities when the
municipality or municipalities | ||||||
10 | consent to the creation of the special
service area. A | ||||||
11 | municipality may create a special service area within a
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12 | municipality and the unincorporated area of a county or within | ||||||
13 | another
municipality when the county or other municipality | ||||||
14 | consents to the creation
of the special service area. | ||||||
15 | "Special Services" means all forms of services pertaining | ||||||
16 | to the
government and affairs of the municipality or county, | ||||||
17 | including
but not limited to weather modification , energy | ||||||
18 | efficiency improvements, renewable energy improvements, water | ||||||
19 | use improvements, and improvements permissible under
Article 9 | ||||||
20 | of the Illinois Municipal Code, and contracts for the supply of
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21 | water as described in Section 11-124-1 of the Illinois | ||||||
22 | Municipal Code which
may be entered into by the municipality or | ||||||
23 | by the county on behalf of a
county special service area. | ||||||
24 | "Water use improvement" means any fixture, product, | ||||||
25 | system, device, or interacting group thereof, for or serving | ||||||
26 | any residential, commercial, or industrial building, |
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1 | structure, or other facility that has the effect of conserving | ||||||
2 | water resources through improved water management or | ||||||
3 | efficiency. For the purposes of levying a special service area | ||||||
4 | tax on the real property on which the water use improvement is | ||||||
5 | located in a green special service area under the Special | ||||||
6 | Service Area Tax Law in the Property Tax Code, any water use | ||||||
7 | improvement shall be deemed to be real property. | ||||||
8 | (Source: P.A. 86-1324; 88-445.) | ||||||
9 | (35 ILCS 200/27-97 new) | ||||||
10 | Sec. 27-97. Green special service areas. | ||||||
11 | (a) The corporate authorities of a municipality or a county | ||||||
12 | may establish a green special service area, or multiple green
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13 | special service areas under a single ordinance, for the purpose | ||||||
14 | of arranging for and financing energy efficiency improvements, | ||||||
15 | renewable energy improvements, or water use improvements, the | ||||||
16 | financing of which shall constitute a public purpose. Each | ||||||
17 | green special service area shall include only property for | ||||||
18 | which each owner of record has executed a contract or agreement | ||||||
19 | consenting to the inclusion of the property within the green | ||||||
20 | special service area, and such contract or agreement may be | ||||||
21 | entered into after the adoption of the ordinance by the | ||||||
22 | corporate authorities establishing the green special service | ||||||
23 | area.
The inclusion, or, as applicable, deletion, of property | ||||||
24 | within the green special service area after the adoption of the | ||||||
25 | ordinance by the corporate authorities establishing the green |
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1 | special service area may be made either (i) by the adoption of | ||||||
2 | a supplemental or amending ordinance by the corporate | ||||||
3 | authorities or (ii) pursuant to authority in the establishing | ||||||
4 | ordinance designating one or more county or municipal officers, | ||||||
5 | as applicable, to include or delete other properties. Green | ||||||
6 | special service areas are exempt from the provisions of | ||||||
7 | Sections 27-20, 27-25, 27-30, 27-35, 27-40, 27-50, 27-55, | ||||||
8 | 27-60, 27-65, and 27-70 of the Special Service Area Tax Law. A | ||||||
9 | municipality or a county may create a green special service | ||||||
10 | area by an ordinance establishing the green special service | ||||||
11 | area or multiple green special services areas. Notwithstanding | ||||||
12 | anything in the Special Service Area Tax Law to the contrary, a | ||||||
13 | county may establish a green special service area within a | ||||||
14 | municipality without the consent of that municipality. Each | ||||||
15 | owner of record of property within a green special service area | ||||||
16 | may arrange for the specific energy efficiency improvements, | ||||||
17 | renewable energy improvements, or water use improvements, and | ||||||
18 | may obtain financing for such improvements through the process | ||||||
19 | set forth in the ordinance establishing the green special | ||||||
20 | service area. A green special service area may consist of a | ||||||
21 | single building, structure, facility, improvement, or lot or
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22 | parcel of land. The corporate authorities of a municipality or | ||||||
23 | a county may establish multiple green special service areas | ||||||
24 | pursuant to a single ordinance or may, within a single green | ||||||
25 | special service area, identify multiple buildings, structures, | ||||||
26 | facilities, improvements, or lots or parcels of land, whether |
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1 | or not those buildings, structures, facilities, improvements, | ||||||
2 | lots, or parcels are contiguous. However, each green special | ||||||
3 | service area shall be established with respect to a single | ||||||
4 | contract or agreement. Revenues derived from special service | ||||||
5 | area taxes levied in multiple green special service areas or | ||||||
6 | revenues from multiple buildings, structures, facilities, | ||||||
7 | improvements or lots or parcels of land within a single green | ||||||
8 | special service area may be aggregated for a pledge as security | ||||||
9 | for bonds issued pursuant to Section 27-45 of the Special | ||||||
10 | Service Area Tax Law. Municipalities and counties shall have | ||||||
11 | the power to issue bonds under Section 27-45 of the Special | ||||||
12 | Service Area Tax Law for the public purposes set forth in this | ||||||
13 | Section 27-97; provided that it shall not be necessary to give | ||||||
14 | notice of or to conduct a public hearing, as required in | ||||||
15 | Section 27-45 of the Special Service Area Tax Law, in | ||||||
16 | connection with the issuance of those bonds, as otherwise | ||||||
17 | required by Section 27-45 of the Special Service Area Tax Law. | ||||||
18 | (b) The corporate authorities of a county or municipality | ||||||
19 | that establish a green special service area shall have the | ||||||
20 | power to levy a special service area tax on the real property | ||||||
21 | on which the energy use improvements, the renewable energy | ||||||
22 | improvements, and the water use improvements are located if | ||||||
23 | each owner of record has entered into a contract or agreement | ||||||
24 | for those energy efficiency improvements, those renewable | ||||||
25 | energy improvements, and those water use improvements. It is | ||||||
26 | not necessary to file a copy of the notice of public hearing |
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1 | with the County Clerk as otherwise required by Section 27-75 of | ||||||
2 | the Special Service Area Tax Law. The contract or agreement | ||||||
3 | entered into with the owner of the property shall be conclusive | ||||||
4 | as to the due authorization and establishment of the applicable | ||||||
5 | green special service area as it relates to those energy | ||||||
6 | efficiency improvements, those renewable energy improvements, | ||||||
7 | and those water use improvements and the amount of the special | ||||||
8 | service area taxes to be levied and extended against the real | ||||||
9 | property on which such energy efficiency improvements, such | ||||||
10 | renewable energy improvements and such water use improvements | ||||||
11 | are located. A contract or agreement may specify the amount of | ||||||
12 | the special service area taxes levied pursuant to this Section | ||||||
13 | on the real property on which the applicable energy efficiency | ||||||
14 | improvements, renewable energy improvements, water use | ||||||
15 | improvements, or a combination thereof are located or as | ||||||
16 | applicable to the principal of and interest on bonds issued, | ||||||
17 | including as a part of a larger pooled or composite issue, for | ||||||
18 | financing such energy efficiency improvements, renewable | ||||||
19 | energy improvements or water use improvements. The specified | ||||||
20 | special service area tax levies in a contract or agreement when | ||||||
21 | recorded as provided in subsection (c) of this Section and | ||||||
22 | filed in the office of the recorder of the county where the | ||||||
23 | real property is located shall be authority for each affected | ||||||
24 | municipality or county to extend and collect the levied special | ||||||
25 | service area taxes for the applicable municipality or county, | ||||||
26 | or both, with respect to each such contract or agreement. |
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1 | In the event that a municipality establishes a green | ||||||
2 | special service area pursuant to this Section, the county clerk | ||||||
3 | of the county in which the green special service area is | ||||||
4 | located may agree to extend, and the county collector of that | ||||||
5 | county may agree to collect, distribute, and account for, the | ||||||
6 | special service area taxes on behalf of the municipality upon | ||||||
7 | the establishment of the green special service area or at any | ||||||
8 | time thereafter. Upon agreement, the county clerk shall | ||||||
9 | continue to extend, and the county collector shall continue to | ||||||
10 | collect, distribute, and account for the levied special service | ||||||
11 | area taxes until the green special service area is dissolved. | ||||||
12 | If the county clerk and the county collector agree to extend, | ||||||
13 | collect, and account for the levied special service area taxes, | ||||||
14 | the ordinance levying the special service area taxes in a green | ||||||
15 | special service area shall be filed with the county clerk of | ||||||
16 | that county. A municipality that establishes a green special | ||||||
17 | service area may extend and collect the special service area | ||||||
18 | taxes, and send out a separate tax bill with respect to those | ||||||
19 | levied taxes. The lien and foreclosure remedies provided in | ||||||
20 | Article 9 of the Municipal Code shall apply upon the | ||||||
21 | non-payment of any such special service area taxes levied, and | ||||||
22 | extended by a municipality. | ||||||
23 | (c) The contract or agreement in subsection (b) of this | ||||||
24 | Section shall be in recordable form and shall be recorded in | ||||||
25 | the office of the recorder in the county where the real | ||||||
26 | property is located. |
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| |||||||
1 | (d) Any municipality or county with the authority to | ||||||
2 | provide special service area financing in connection with green | ||||||
3 | special service area projects, as provided in the Special | ||||||
4 | Service Area Tax Law, may do any of the following: (i) issue | ||||||
5 | special service area bonds pursuant to Section 27-45 of the | ||||||
6 | Special Service Area Tax Law, as provided in subsection (a) of | ||||||
7 | this Section, (ii) sell or assign those bonds to the Illinois | ||||||
8 | Finance Authority, and (iii) assign or pledge those special | ||||||
9 | service area bonds, agreements relating to green special | ||||||
10 | service area projects, or both to the Illinois Finance | ||||||
11 | Authority. | ||||||
12 | (e) This Section shall be liberally construed to effect the | ||||||
13 | legislative purpose of enabling property owners to make energy | ||||||
14 | efficiency improvements, renewable energy improvements, or | ||||||
15 | water use improvements, or any combination thereof, to their | ||||||
16 | properties. | ||||||
17 | Section 15. The Counties Code is amended by changing | ||||||
18 | Section 5-1005 as follows: | ||||||
19 | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005) | ||||||
20 | Sec. 5-1005. Powers. Each county shall have power: | ||||||
21 | 1. To purchase and hold the real and personal estate | ||||||
22 | necessary for the
uses of the county, and to purchase and | ||||||
23 | hold, for the benefit of the
county, real estate sold by | ||||||
24 | virtue of judicial proceedings in which the
county is |
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| |||||||
1 | plaintiff. | ||||||
2 | 2. To sell and convey or lease any real or personal | ||||||
3 | estate owned
by the county. | ||||||
4 | 3. To make all contracts and do all other acts in | ||||||
5 | relation to the
property and concerns of the county | ||||||
6 | necessary to the exercise of its
corporate powers. | ||||||
7 | 4. To take all necessary measures and institute | ||||||
8 | proceedings to
enforce all laws for the prevention of | ||||||
9 | cruelty to animals. | ||||||
10 | 5. To purchase and hold or lease real estate upon which | ||||||
11 | may be
erected and maintained buildings to be utilized for | ||||||
12 | purposes of
agricultural experiments and to purchase, hold | ||||||
13 | and use personal property
for the care and maintenance of | ||||||
14 | such real estate in connection with such
experimental | ||||||
15 | purposes. | ||||||
16 | 6. To cause to be erected, or otherwise provided, | ||||||
17 | suitable
buildings for, and maintain a county hospital and | ||||||
18 | necessary branch
hospitals and/or a county sheltered care | ||||||
19 | home or county nursing home for
the care of such sick, | ||||||
20 | chronically ill or infirm persons as may by law
be proper | ||||||
21 | charges upon the county, or upon other governmental units, | ||||||
22 | and
to provide for the management of the same. The county | ||||||
23 | board may
establish rates to be paid by persons seeking | ||||||
24 | care and treatment in such
hospital or home in accordance | ||||||
25 | with their financial ability to meet such
charges, either | ||||||
26 | personally or through a hospital plan or hospital
|
| |||||||
| |||||||
1 | insurance, and the rates to be paid by governmental units, | ||||||
2 | including the
State, for the care of sick, chronically ill | ||||||
3 | or infirm persons admitted
therein upon the request of such | ||||||
4 | governmental units. Any hospital
maintained by a county | ||||||
5 | under this Section is authorized to provide any
service and | ||||||
6 | enter into any contract or other arrangement not prohibited | ||||||
7 | for
a hospital that is licensed under the Hospital | ||||||
8 | Licensing Act, incorporated
under the General | ||||||
9 | Not-For-Profit Corporation Act, and exempt from taxation
| ||||||
10 | under paragraph (3) of subsection (c) of Section 501 of the | ||||||
11 | Internal Revenue Code. | ||||||
12 | 7. To contribute such sums of money toward erecting, | ||||||
13 | building,
maintaining, and supporting any non-sectarian | ||||||
14 | public hospital located
within its limits as the county | ||||||
15 | board of the county shall deem proper. | ||||||
16 | 8. To purchase and hold real estate for the | ||||||
17 | preservation of forests,
prairies and other natural areas | ||||||
18 | and to maintain and regulate the use thereof. | ||||||
19 | 9. To purchase and hold real estate for the purpose of | ||||||
20 | preserving
historical spots in the county, to restore, | ||||||
21 | maintain and regulate the
use thereof and to donate any | ||||||
22 | historical spot to the State. | ||||||
23 | 10. To appropriate funds from the county treasury to be | ||||||
24 | used in
any manner to be determined by the board for the | ||||||
25 | suppression,
eradication and control of tuberculosis among | ||||||
26 | domestic cattle in such county. |
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| |||||||
1 | 11. To take all necessary measures to prevent forest | ||||||
2 | fires and encourage
the maintenance and planting of trees | ||||||
3 | and the preservation of forests. | ||||||
4 | 12. To authorize the closing on Saturday mornings of | ||||||
5 | all
offices of all county officers at the county seat of | ||||||
6 | each county, and to
otherwise regulate and fix the days and | ||||||
7 | the hours of opening and closing
of such offices, except | ||||||
8 | when the days and the hours of opening and
closing of the | ||||||
9 | office of any county officer are otherwise fixed by law;
| ||||||
10 | but the power herein conferred shall not apply to the | ||||||
11 | office of State's
Attorney and the offices of judges and | ||||||
12 | clerks of courts and, in counties of
500,000 or more | ||||||
13 | population, the offices of county clerk. | ||||||
14 | 13. To provide for the conservation, preservation and
| ||||||
15 | propagation of insectivorous birds through the expenditure | ||||||
16 | of funds
provided for such purpose. | ||||||
17 | 14. To appropriate funds from the county treasury and | ||||||
18 | expend
the same for care and treatment of tuberculosis | ||||||
19 | residents. | ||||||
20 | 15. In counties having less than 1,000,000 | ||||||
21 | inhabitants, to
take all necessary or proper steps for the | ||||||
22 | extermination of mosquitoes,
flies or other insects within | ||||||
23 | the county. | ||||||
24 | 16. To install an adequate system of accounts and | ||||||
25 | financial
records in the offices and divisions of the | ||||||
26 | county, suitable to the
needs of the office and in |
| |||||||
| |||||||
1 | accordance with generally accepted principles
of | ||||||
2 | accounting for governmental bodies, which system may | ||||||
3 | include such
reports as the county board may determine. | ||||||
4 | 17. To purchase and hold real estate for the | ||||||
5 | construction and
maintenance of motor vehicle parking | ||||||
6 | facilities for persons using county
buildings, but the | ||||||
7 | purchase and use of such real estate shall not be for
| ||||||
8 | revenue producing purposes. | ||||||
9 | 18. To acquire and hold title to real property located | ||||||
10 | within
the county, or partly within and partly outside the | ||||||
11 | county by
dedication, purchase, gift, legacy or lease, for | ||||||
12 | park and recreational
purposes and to charge reasonable | ||||||
13 | fees for the use of or admission to
any such park or | ||||||
14 | recreational area and to provide police protection for
such | ||||||
15 | park or recreational area. Personnel employed to provide | ||||||
16 | such
police protection shall be conservators of the peace | ||||||
17 | within such park or
recreational area and shall have power | ||||||
18 | to make arrests on view of the
offense or upon warrants for | ||||||
19 | violation of any of the ordinances
governing such park or | ||||||
20 | recreational area or for any breach of the peace
in the | ||||||
21 | same manner as the police in municipalities organized and
| ||||||
22 | existing under the general laws of the State. All such real | ||||||
23 | property outside
the county shall be contiguous to the | ||||||
24 | county and within the boundaries of
the State of Illinois. | ||||||
25 | 19. To appropriate funds from the county treasury to be | ||||||
26 | used
to provide supportive social services designed to |
| |||||||
| |||||||
1 | prevent the unnecessary
institutionalization of elderly | ||||||
2 | residents, or, for operation of, and
equipment for, senior | ||||||
3 | citizen centers providing social services to elderly
| ||||||
4 | residents. | ||||||
5 | 20. To appropriate funds from the county treasury and | ||||||
6 | loan such funds
to a county water commission created under | ||||||
7 | the "Water Commission Act",
approved June 30, 1984, as now | ||||||
8 | or hereafter amended, in such amounts and
upon such terms | ||||||
9 | as the county may determine or the county and the
| ||||||
10 | commission may agree. The county shall not under any | ||||||
11 | circumstances be
obligated to make such loans. The county | ||||||
12 | shall not be required to charge
interest on any such loans. | ||||||
13 | 21. To appropriate and expend funds from the county | ||||||
14 | treasury for economic development purposes, including the | ||||||
15 | making of grants to any other governmental entity or | ||||||
16 | commercial enterprise deemed necessary or desirable for | ||||||
17 | the promotion of economic development in the county.
| ||||||
18 | 22. To lease space on a telecommunications tower to a | ||||||
19 | public or private entity. | ||||||
20 | 23. In counties having a population of 100,000 or less | ||||||
21 | and a public building commission organized by the county | ||||||
22 | seat of the county, to cause to be erected or otherwise | ||||||
23 | provided, and to maintain or cause to be maintained, | ||||||
24 | suitable facilities to house students pursuing a | ||||||
25 | post-secondary education at an academic institution | ||||||
26 | located within the county. The county may provide for the |
| |||||||
| |||||||
1 | management of the facilities. | ||||||
2 | 24. To engage in and undertake activities related to | ||||||
3 | and in connection with energy efficiency improvements, | ||||||
4 | renewable energy improvements, and water use improvements, | ||||||
5 | all as defined in the Special Service Area Tax Law, | ||||||
6 | including, but not limited to, green special service area | ||||||
7 | tax financing for energy efficiency improvements, | ||||||
8 | renewable energy improvements, and water use improvements | ||||||
9 | whether on public or private property, under the Special | ||||||
10 | Service Area Tax Law. This item shall be liberally | ||||||
11 | construed to effect the legislative purpose of enabling | ||||||
12 | property owners to make energy efficiency improvements, | ||||||
13 | renewable energy improvements, and water use improvements | ||||||
14 | to or serving the designated properties. | ||||||
15 | All contracts for the purchase of coal under this Section | ||||||
16 | shall be
subject to the provisions of "An Act concerning the | ||||||
17 | use of Illinois mined
coal in certain plants and institutions", | ||||||
18 | filed July 13, 1937, as amended. | ||||||
19 | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | ||||||
20 | 96-622, eff. 8-24-09.) | ||||||
21 | Section 20. The Illinois Municipal Code is amended by | ||||||
22 | adding Division 15.4 to Article 11 as follows: | ||||||
23 | (65 ILCS 5/Art. 11 Div. 15.4 heading new) | ||||||
24 | DIVISION 15.4. GREEN SPECIAL SERVICE AREAS |
| |||||||
| |||||||
1 | (65 ILCS 5/11-15.4-1 new) | ||||||
2 | Sec. 11-15.4-1. Green special service areas. Each | ||||||
3 | municipality shall have the power and authority to engage in | ||||||
4 | and undertake activities related to and in connection with | ||||||
5 | energy efficiency improvements, renewable energy improvements, | ||||||
6 | and water use improvements, all as defined in the Special | ||||||
7 | Service Area Tax Law, including, but not limited to, green | ||||||
8 | special service area tax financing for those energy efficiency | ||||||
9 | improvements, renewable energy improvements, and water use | ||||||
10 | improvements whether on public or private property, under the | ||||||
11 | Special Service Area Tax Law. This Section shall be liberally | ||||||
12 | construed to effect the legislative purpose of enabling | ||||||
13 | property owners to make energy efficiency improvements, | ||||||
14 | renewable energy improvements, or water use improvements to or | ||||||
15 | serving the designated properties.
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
|